The Telecom Regulatory Authority of India has
issued the Standard of Quality of Service (Duration of
Advertisements in Television Channels)
Regulations, 2012, which regulates the duration of
broadcasting an advertisement and the length of the commercial.
Main features of these regulations are as under:

advertisements exceeding twelve minutes in a clock hour and any
shortfall of advertisement duration in any clock hour shall not be
carried over by any broadcaster in any broadcast of its
programme.

The time gap between end of one advertisement session and the
commencement of next advertisement session shall not be less than
fifteen minutes (thirty minutes in case of a movie). However, this
restriction is not applicable to live broadcast of a sporting
event.

4.12 Nutritional Claims

The nutritional claims by the advertiser for selling their
product undergo a keen check by the Food Safety and Standards
Authority of India which is the country's food regulator under
the provisions of the Food Safety & Standards Act, 2006. This
regulatory body restricts any kind of false nutritional claims made
by the companies and restricts them from broadcasting on
television.

4.13 Rights of Privacy

Electronic Media Monitoring Centre of Ministry of information
& Broadcasting, Government of India made the self-regulatory
guidelines applicable to the Broadcasting Service Provider to
protect the privacy of an individual.

4.14 Regional Public and/or Community
Standards

Under the various legislations including Cable Television
Network Rules, 1994; Norms for Journalist Conduct issued by the
Press Council of India Act and ASCI Code, no advertisement to hurt
community or any section of society is allowed. Also, such
advertisements are punishable under Indian Penal Code 1860.

Sponsorship by products which are banned from advertising is
restricted to provide any kind of sponsorship. Also, and misleading
representation of sponsorship is an unfair trade practice under the
Consumer Protection Act, 1986.

4.17 Subliminal Advertising

There are no laws defining subliminal advertising or to restrict
such practice. Although misleading advertisements are banned and
restricted.

4.18 Sweepstakes Offers

No current restriction. However, any offer to deceive the
consumers is restricted from advertising and a proper legal action
will be taken against them.

4.19 Testimonials

Any testimonial must be true failing which appropriate actions
can be taken by ASCI and under the Consumer Protection Act
1986.

4.20 Use of a Public Person's Image or
Name

No advertisement should be in violation of Emblems and Names
(Prevention of Improper Use) Act, 1950.

4.21 Use of Children in Advertising

No current restrictions but other applicable laws need to be
followed.

4.22 Use of Foreign Language in Advertising

No current restrictions but other applicable laws need to be
followed.

4.23 Use of Models as Doctors, Nurses, Lawyers, or other
Professionals

There are no restrictions on the use of models as doctors,
nurses, or lawyers; however, there should be no misleading or
controversial advertisement.

4.24 Violence in Advertising

Cable Television Network Rules, 1994, Norms for Journalist
Conduct issued by the Press Council of India Act, Advertising Code
of Doordarshan and ASCI Code prohibits any violence in
advertisement.

5 Regulations Related to Media Channels

5.1 Billboard Advertising

Outdoor advertisement through billboards is regulated by
jurisdictional municipal corporations. The content of the
advertisement should however be in accordance with ASCI Code and
other applicable laws.

Online advertisement and website content including social media
sites such as Facebook and Twitter must comply with a range of
marketing, consumer, privacy, and contract laws. Online advertisers
should comply with ASCI, the Indian Penal
Code, the Information Technology Act,
2000 and other applicable laws. For this purpose, the
Information Technology Act was amended in 2011.

5.3 Direct Mail Advertising or Email Advertising
(Spam)

Currently, no regulation exists specific to this. However, any
such advertisement has to be in compliance with the ASCI
Code and other applicable laws.

5.4 Newspaper Advertising

The Press Council of India constituted under
the Press Council of India Act 1978 has issued Norms for
Journalist Conduct, a reference guide for the press. These
norms include advertising norms similar to provisions in the
ASCI Code and prohibit, inter alia,
advertisements that are vulgar; advertisements promoting
cigarettes, tobacco products, wine, liquor, and other intoxicants;
advertisements hurting religious or communal sentiments; or any
advertisement prohibited by any other law. Also, ASCI approached
the Press Council of India to incorporate the ASCI Code into its
regulations.

The term "newspaper" under the Press Council
of India Act means any printed periodical work containing
public news or comments on public news and includes such other
class of printed periodical work as may, from time to time, be
notified in this behalf by the Central Government in the Official
Gazette. Any periodical which is a newspaper as defined above has
to comply with Norms for Journalist Conduct issued
by Press Council of India.

5.6 Radio & Doordarshan Advertising

The Code for Commercial Advertising on Doordarshan and
All India Radio4: All
advertisement on Doordarshan and All India
Radio ("AIR") should conform to
the code issued by Director General of each Doordarshan and AIR
respectively. These codes have also mandated compliance to the
ASCI Code and in general prohibit any
advertisement containing the following:

Criticism of friendly countries

Attack on religions or communities

Obscenity

Defamation

Incitement to violence or anything against maintenance of law
and order

Contempt of court

Aspersions against the integrity of the president and
judiciary

Anything compromising the integrity of the nation

Criticism by name of any person

5.7 Telemarketing and SMS Marketing

Any person or legal entity engaging in the activity of
telemarketing or bulk Short Message Servicing(SMS) is required to
register itself with Telecom Regulatory Authority of
India (TRAI) and must comply with the
guidelines laid down by TRAI in this respect.

5.8 TV Advertising

The advertising code issued under the Cable Television
Network Rules, 1994 require advertising carried on the
cable service to conform to the laws of the country and not to
offend morality, decency, or religious sensibilities of the
subscribers. The rules make the ASCI Code
compulsory for television and state that no advertisement which
violates the ASCI Code shall be carried on the cable service. Under
the rules, no advertisement shall be permitted though cable
services which:

Derides any race, caste, color, creed, or nationality

Is against any provision of the Constitution of India

Tends to incite people to crime, cause disorder or violence or
breach of law or glorifies violence or obscenity in any way

Presents criminality as desirable

Exploits the national emblem, or any part of the Constitution
or the person or personality of a national leader or a State
dignitary

In its depiction of women, violates the constitutional
guarantees to all citizens. In particular, no advertisement shall
be permitted which projects a derogatory image of women

Exploits social evils like dowry, child marriage

Promotes directly or indirectly production, sale or consumption
of cigarettes, tobacco products, wine, alcohol, liquor or other
intoxicants. However a product that uses a brand name or logo which
is also used for cigarettes, tobacco products, wine, alcohol,
liquor or other intoxicants, may be advertised subject to
prescribed conditions

Promotes infant milk substitutes, feeding bottles, or infant
food5

Be wholly or mainly of a religious or political nature or be
directed towards any religious or political end

Contain references which hurt religious sentiments

Endanger the safety of children or creates in them any interest
in unhealthy practices or shows them begging or in an undignified
or indecent manner.

Promote goods or services that suffer from any defect or
deficiency as mentioned in Consumer Protection Act, 1986

Contain references which are likely to lead the public to infer
that the product advertised or any of its ingredients has some
special or miraculous or super-natural property or quality which is
difficult to prove

The picture and the audible matter of the advertisement shall
not be excessively "loud".

Contain indecent, vulgar, suggestive, repulsive or offensive
themes

All advertisement should be clearly distinguishable from the
programme and should not in any manner interfere with the programme
viz, use of lower part of screen to carry captions, static or
moving alongside the programme.

No programme shall carry advertisements exceeding twelve
minutes per hour, which may include up to ten minutes per hour of
commercial advertisements, and up to two minutes per hour of a
channel's self-promotional programmes.

5.9 News Broadcasters Association Regulations:
News Broadcasters Association("NBA")
represents the private television news & current affairs
broadcasters in India. NBA presently has 20 leading news and
current affairs broadcasters (comprising 45 news and current
affairs channels) as its members. According to News Broadcasting
Standards Regulations (NBA Regulations) issued by
NBA any broadcast (which includes advertisement) should be in
compliance with NBA's code of conduct. NBA's code has made
procedure for compliant against broadcaster who in breach inter
alia of the following:

Depiction of violence or intimidation against women and
children;

Sex and nudity;

Endangering national security; and

Refraining from advocating or encouraging superstition and
occultism.

6 Regulatory Agencies

a Indian Broadcasting Foundation andBroadcasting Content Complaints Council
("BCCC")

Scope of agency responsibilities: Independent
council set up by the Indian Broadcasting Foundation
("IBF"), India's premier
organization of television broadcasters. The complaints regarding
content carried on TV channels are being addressed by Ministry of
Information and Broadcasting, Government of India as per the extant
provisions under the Cable Television Networks (Regulation) Act,
1995 and related rules/guidelines. At the industry level,
BCCC examines complaints about television programs
including advertisement received from the viewers or any other
sources, including NGOs, RWAs, Ministry of Information and
Broadcasting, against its members. BCCC ensures
that the programs are in conformity with the content guidelines. On
receiving a consumer complaint, the agency validates the
information against the official records. BCCC
usually passes the final orders within three weeks of the receipt
of the complaint. Any directive issued by the BCCC
to the IBF is binding and must be implemented with
immediate effect. In case of non-adherence of the directions of
BCCC by the TV channel, it may inter alia initiate actions
to expel the concerned member and to recommend the Ministry
of Information and Broadcasting, Government of India for
appropriate action against the channel as per the law.

In case of any complaints received by the BCCC for a channel
which is not a member of IBF, then such complaint shall be
forwarded to the Ministry of Information and Broadcasting,
Government of India for appropriate action.

The ASCI's CCC decides upon the complaints
within a period of four to six weeks after giving the other party
an opportunity of being heard. If the complaint is upheld, then the
advertiser and its agency are given two weeks to comply with the
ASCI's CCC decision. Noncompliant
advertisements are published in ASCI's Media quarterly release
on an all-India basis. In the case of noncompliant television
advertisements, the advertiser is in violation of the Cable TV
Networks (Regulation) Act 1995 and will be reported to the Ministry
of Information & Broadcasting, Government of India. In the case
of noncompliant advertisements in the press, ASCI will inform the
Press Council of India about breach of the ASCI Code.

Scope of agency responsibilities: The EMMC was
established by the Ministry of Information and Broadcasting,
Government of India, with the aim to have effective monitoring of
the content of various FM and TV channels beaming over Indian
territory for any violation of the Programme Code, the
Advertisement Code, various provisions of the Cable Television
Networks Regulation Act, or any other law relevant to the content
of television channel. As per the self-regulation mechanism of the
EMMC, it is responsibility of each broadcasting service provider to
ensure that each advertisement complies with the ASCI Code.

Scope of agency responsibilities: The Telecom
Regulatory Authority of India (TRAI) was established in 1997
through an Act of Parliament, viz., the Telecom Regulatory
Authority of India Act, 1997. Telecom Regulatory Authority of
India's mission is to ensure that the interests of consumers
are protected and at the same time to nurture conditions for growth
of telecommunications, broadcasting and cable services in a manner
and at a pace which will enable India to play a leading role in the
emerging global information society.

TRAI has notified "The Telecom Commercial Communication
Customer Preference Regulations, 2010" to curb growing menace
and effectively regulate unsolicited commercial calls and messages
("UCC"). The Telecom Commercial
Communications Customer Preference Portal is a data base containing
a variety of information prescribed in "The Telecom Commercial
Communications Customer Preference Regulations, 2010".
Customers who do not want to receive commercial communications can
register in either Fully Blocked Category (stoppage of all
commercial Calls/SMS) or Partially Blocked Category (stoppage of
all commercial Calls/SMS except SMS) by sending prescribed message
to 1909 with National Customer Preference Register.

On successful registration, customer will receive an SMS
confirming exercised options and a Unique Registration Number
within 24 hrs. The registration will be effective within 7 days of
placing the request with the service provider. If customer receives
UCC even after 7 days of registration, he can register a complaint
with his service provider within 3 days of receipt of such UCC by
dialing or sending SMS to 1909. Customers will have to provide the
telephone number or header of the message from where the call or
message has been received, short description of such call or
message along with the date and time.

Customers not registered with NCPR can also identify the
commercial calls because they will all come from numbers starting
with '140'. This is a series specially earmarked for
telemarketers.

Scope of agency responsibilities: The Press
Council of India ("PCI") functions under
the Press Council Act 1978. It is a statutory, quasi-judicial body
which acts as a watchdog of the press. It adjudicates the
complaints against and by the press for violation of ethics and for
violation of the freedom of the press respectively.
PCI is headed by a Chairman, who has by
convention, been a retired judge of the Supreme Court of India.
PCI consists of 28 other members of whom 20
represent the press and are nominated by the press
organisations/news agencies recognised and notified by
PCI as all India bodies of categories such as
editors, working journalists and owners and managers of newspaper,
5 members are nominated from the two houses of Parliament and 3
represent cultural, literary and legal fields as nominees of the
Sahitya Academy, University Grants Commission and the Bar Council
of India.

A complaint against a newspaper should first be taken up with
the editor or other representative of the publication concerned. If
the complaint is not resolved to satisfaction of complainant, it
may be referred to PCI within two months of the
publication of impugned news item in case of dailies and weeklies
and four months in all other cases, along with the
original/photostat copy of the impugned clipping (English
translation if the matter is in vernacular) along with a copy of
your letter to the editor & editor's reply.

On receipt of a complaint made to it or otherwise, if
PCI is prima facie satisfied that the matter
discloses sufficient ground for inquiry, it issues show cause
notice to the respondents and then considers the matter through its
Inquiry Committee on the basis of written and oral evidence
tendered before it. If on inquiry, PCI has reason
to believe that the respondent newspaper has violated journalistic
norms, PCI keeping in view the gravity of the
misconduct committed by the newspaper, warns, admonishes or
censures the newspaper or disapproves the conduct of the editor or
the journalist as the case may be. It may also direct the
respondent newspaper to publish the contradiction of the
complainant or a gist of the PCI's decision in
its forthcoming issue.

Scope of agency responsibilities: The News
Broadcasting Standards Authority of NBA perform its functions and
exercise the powers vested in it under NBA Regulations in relation
to, and upon, the members and associate members of NBA or in
relation to such other complaints or broadcasters and channels as
may be referred to the Authority by the Ministry of Information
& Broadcasting or other Ministry or other governmental body.
Upon receiving complaint from any aggrieved person, NBA will issue
notice to the concerned broadcaster not later than 14 (fourteen)
days from the date of receipt of a complaint to show cause why
action should not be taken against such broadcaster. The said
Authority may, after inquiry, warn, admonish, censure, express
disapproval against and/or impose a fine (of upto INR 100,000) upon
the broadcaster and or recommend to the concerned authority for
suspension/revocation of license of such broadcaster.

Scope of agency responsibilities: To regulate
the functioning of All India Radio and Doordarshan. Complaints or
reports on contraventions of the code received by All India
Radio/Doordarshan may in the first instant be referred by Director
General to Advertiser's Association concerned with request for
suitable action. If complaints under the Code cannot be
satisfactorily resolved at Association-(s)'s level, they shall
be reported to Director General who will then consider suitable
action. For any Complaints under the Code received by All India
Radio/Doordarshan concerning a party outside the purview of various
member Association(s), the Director General will draw attention of
such party to the complaint and where necessary, take suitable
action on his own.

Scope of agency responsibilities: To provide
inexpensive, speedy and summary redressal of all types of consumer
disputes through quasi-judicial bodies in each District and State
and at the National level, called the District Forums, the State
Consumer Disputes Redressal Commissions and the National Consumer
Disputes Redressal Commission respectively under the provisions of
the Consumer Protection Act, 1986. The remedy under the Consumer
Protection Act is an alternative in addition to that already
available to the aggrieved persons/consumers by way of civil
suit.

Scope of agency responsibilities: FSSAI has
been created for laying down science based standards for articles
of food and to regulate their manufacture, storage, distribution,
sale and import to ensure availability of safe and wholesome food
for human consumption.

Scope of agency responsibilities: CDSCO
regulates the approval of new drugs, clinical trials in the
country, laying down the standards for drugs & medical devices,
control over the quality of imported drugs, testing of drugs,
coordination of the activities of State drug control organisations
and providing expert advice with a view of bring about the
uniformity in the enforcement of the Drugs and Cosmetics Act in
India.

7 Advertising Pre-Clearance Agencies

In India presently there is no pre-clearance agency for
advertisements although the advertisers have to take permission
from the local municipal corporation if they want to publicize
their products through billboards or through posters.

8 Trends

Up to the present, a number of factors have impeded protection
of consumers as well as other stakeholders of the advertising
industry. Notable among these factors are:

The absence of any uniform advertising regulation or regulating
agency

Ineffective enforcement

Complaint redressal systems that are difficult for most
consumers to access

Lack of education amongst consumers

Overlapping jurisdiction of authorities on issues relating to
advertisement

Presently there are more than 150 TV channels and more than
82,000 registered newspapers in India. To verify whether their
content, including advertisements, adheres to the codes of conduct
under various laws is a challenging task. The number of
advertisements which are patently false and misleading, promoting
dubious products and making unsubstantiated claims is significant.
In reality, most of these advertisements escape the scrutiny of
regulatory bodies.

With globalization and economic liberalization, the Indian
market has shown a tremendous growth in the early 1990s and
according to Goldman Sachs, it will be the third-largest economy of
the world by 2035. In response to this tremendous economic growth
and industrialization, the Indian government is continuously
promulgating advertising regulations outlining the ways in which
products and services can be advertised to the general public and
other stakeholders while protecting the consumers' interests.
However, the absence of uniform legislation and single regulator
makes it difficult to effectively implementing any advertising
related law. Most of self-regulating codes issued by various
industry associations are contractually binding only on their
members and have no force of law. Therefore, to protect the
interests of consumers and their belief in advertisement, it is
necessary to have a uniform legislation with a single regulator who
can provide expedient relief and easy access for consumers and
other stakeholders.

2. Any transaction or arrangement under which a person
collects monies by way of contributions or subscriptions or by sale
of units, certificates or other instruments or in any other manner
or as membership fees or admission fees or service charges to or in
respect of any savings, mutual benefit, thrift, or any other scheme
or arrangement by whatever name called, and utilises the monies so
collectedinter aliafor specified
number of subscribers as determined by lot, draw or in any other
manner, prizes or gifts in cash or in kind.

3. Under the Indian Government's Foreign Direct
Investment Policy,foreign investment in "Lottery
Business including government /private lottery, online lotteries,
gambling and betting, including casinos, etc." is not
permissible.

Food Safety and Standards Authority of India, Ministry of Health and Family Welfare (hereinafter referred to as the "Ministry") released a draft notice calling for suggestions, views, comments, etc., ...

The much-awaited recommendations on Net Neutrality (Recommendations) were issued by the Telecom Regulatory Authority of India (TRAI) to the Department of Telecommunications, Government of India (DoT) on 28 November 2017.

The recommendations on ‘ease of doing telecom business' (Recommendations) were issued by the Telecom Regulatory Authority of India (TRAI) to the Department of Telecommunications, Government of India (DoT) on 30 November 2017.

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